THE BUSH ADMINISTRATION TO REFOCUS ON IMMIGRATION REFORM
AILA Focuses on the Necessary Components

President Bush is expected to announce on Wednesday, January 7th his Administration's immigration reform proposal. This announcement comes one week before the President will be meeting with Mexican President Vicente Fox. As the proposal has been shrouded in secrecy, those outside the Administration know little about either its substance or the Bush White House's future plans for promoting it.

"With this announcement, the Administration, after a silence of more than two years, is returning to an important issue that impacts our national security, our economic security, and the ability of citizens and legal permanent residents to be reunited with their close family members," said Jeanne Butterfield, Executive Director of the American Immigration Lawyers Association (AILA)

"Clearly, this nation of immigrants needs immigration reform," said Judith Golub, AILA's Senior Director of Advocacy and Public Affairs. And with this announcement the Administration is signaling just that: that our current immigration system is broken and needs to be fixed. AILA is pleased that the Administration is adding its voice to the chorus of those who recognize that our current dysfunctional system is beyond repair, and that trying to enforce such a dysfunctional system will lead only to more dysfunction. This stance repudiates the regressive position of the opponents of immigration reform, those naysayers whose only contribution to the current debate is their continued support for failed initiatives.

"AILA welcomes the Administration's return to this issue and is eager to embrace a proposal that addresses the failures of our current system, and especially in an election year, deals seriously, appropriately, and on a bipartisan basis with this important issue," continued Golub. AILA will judge the Administration's proposal on its merits, based on whether it embraces the following key components:

Comprehensively reforms our immigration laws: Since many of the problems with the U.S.'s current immigration system are interrelated, reform must be comprehensive to successfully address our nation's needs. The status quo is unacceptable, especially in a post-September 11 world in which enhanced security is central, and we need to balance our security with the continued flow of people and goods. Our current system is characterized by families being separated for long periods of time and U.S. employers unable to bring in needed workers. People are forced to live an underground existence, hiding from the government for fear of being separated from their families and jobs. The current enforcement system fails to prevent illegal immigration, and precious resources that should be spent on enhancing our security are wasted on stopping hard-working people from filling our labor market needs. Our immigration system needs to be reformed so that legality is the norm, and immigration is legal, safe, orderly, and reflective of the needs of American families, businesses, and national security.

Allows people already living and working in the United States to legalize their status: People who work hard, pay taxes, and contribute to the U.S. should be allowed to obtain permanent residence. This reform would stabilize the workforce of U.S. employers, encourage people to come out of the shadows to be scrutinized by our government, and allow immigrants to work and travel legally and be treated equally. Many have been here for years, are paying taxes, raising families, contributing to their communities and are essential to the industries within which they work. In order to unite families and keep them together, appropriate waivers must be available for grounds of inadmissibility and deportability.

Creates a new worker program: Current immigration laws do not meet the needs of our economy given projections of worker shortages as our country's demographics shift. A new temporary program would give workers the opportunity to work where they are needed and employers experiencing these shortages the workforce they need to remain competitive. Such a program would provide visas, family unity, full labor rights, labor mobility and a path to permanent residence and citizenship over time. Such a program would diminish significantly future illegal immigration by providing people with a legal avenue to enter the U.S. and return, as many wish, to their home countries, communities, and families.

Helps families to reunify: Our immigration system is characterized by long backlogs in family-based immigration. To ensure an orderly future process, our system must reduce bureaucratic obstacles and undue restrictions to permanent legal immigration. Developing an increased legal migration flow will make immigration more orderly and legal. Fair, equitable, and efficient immigration law, policy, and processing will allow more people to reunite with their families and work legally in the U.S. It is essential to make legal future immigration that otherwise will happen illegally.

As the White House works to hone its position, AILA urges the Administration's immediate, active, and vocal support for pending legislation that already has bipartisan congressional support: the Agricultural Job Opportunity, Benefits and Security (AgJobs) Act (S. 1645/H.R. 3142) and the DREAM /Student Adjustment Act (S. 1545/H.R.1684). Both of these bipartisan measures would implement needed reforms.

AgJobs is a landmark example of business, immigration, agriculture, labor, civic and faith-based groups working together to propose solutions to long-standing problems with agricultural labor policy. This measure would reform the H-2A process so that agricultural employers unable to find American workers would be able to hire needed foreign workers. The legislation also provides a reasonable mechanism for undocumented agricultural workers to earn legal status.

Despite the fact that many undocumented children have grown up in the U.S., attended local schools, and have demonstrated a sustained commitment to learn English and succeed in our educational system, our immigration laws provide no avenue for these students to become legal. Many were brought to the U.S. by their parents at an age at which they were too young to understand the legality of their arrival, let alone take action to rectify this decision. The DREAM/Student Adjustment Act would allow immigrant students who have grown up in this country, graduated from high school, and have no criminal record, to go to college and legalize their immigration status.

"The Administration's support for these two important measures will signal its seriousness about broader immigration reform and its commitment to getting something accomplished. We have no time to lose," concluded Butterfield.

# # #

Founded in 1946, AILA is a nonpartisan, nonprofit organization that provides its Members with continuing legal education, information, and professional services. AILA advocates before Congress and the Administration and provides liaison with the DHS and other government agencies. AILA is an Affiliated Organization of the American Bar Association.